PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS CHALLENGE KNOWN AS “[Aapke Sitare 2018]”. BY PROCEEDING WITH REGISTRATION AND PARTICIPATION IN THIS “[Aapke Sitare 2018]”, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE CHALLENGE AND THEREBY AGREE ON IRREVOCABLE BASIS, TO BE LEGALLY BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS & CONDITIONS, PLEASE DO NOT PARTICIPATE IN THIS CHALLENGE.
The “[Aapke Sitare 2018]” (Hereinafter referred to as “Challenge”) is organized and administered by [Hari Om Media Services Pvt Limited] having its registered office at [Plot No. 12/14 & 15, Pioneer Complex, Site-4, Sahibabad Indl. Area, Ghaziabad, U.P 201010] (hereinafter referred to as “Hari Om”) in association with Idea Cellular Limited, a company having its registered office at Suman Tower, Plot No. 18, Sector – 11, Gandhinagar – 382 011 and corporate office at 10th Floor, The Birla Centurion, Plot no.794, B Wing, Pandurang Budhkar Marg, Worli, Mumbai, Maharashtra 400030 (hereinafter referred to as “Idea”). Hari Om and Idea shall be jointly or individually referred to as “Organizer/s”, as the context may require.
The Challenge terms and conditions are available on the Website at the following address: [www.ideacellular.com] (“Website”). The terms and conditions can be amended or varied from time to time or withdrawn; therefore you are advised to visit the Website periodically to keep yourself updated and informed.
Eligibility to participate:
This Challenge is available only to Active Subscribers of Idea who call on live astrology portal53300 during the period 6th Jan 2018 to 5th Feb 2018 and who fulfill the following criteria:
He/she must be of or above 18 years of age;
He/she must be a resident of India;
He/she must not have been either convicted and / or prosecuted for commission of any criminal offence nor be of an unsound mind;
He/she must not be under any legal disability e.g. insolvency, restraint by court order etc. and / or is prohibited from entering any contractual relationship.
Active Subscribers of Idea who fulfill the above eligibility criteria and participate in the Challenge shall hereinafter be referred to as “Participant(s)”/ “Subscriber(s)”. The employees of the Organizers and of their group companies, affiliates or associate companies shall not be eligible to participate in the Challenge.
By participating in this Challenge, you/Participant
acknowledge to have willingly opted to participate in the Challenge at your sole discretion and conscience
indicate your acknowledgement and acceptance of the Challenge terms and conditions.
warrant the accuracy, truthfulness and correctness of all information that you have submitted.
Nature of Challenge/Task /Activity, Gratification and Method of Selection:
The Challenge will run into 2 levels:
Level 1: Participants to make IVR call on 53300 for live astrology portal during the period 5th Jan 2018 to 4th Feb 2018. All such Participants will be eligible for Varshafal (2018 horoscope predictions) via email. The caller will be required to share the valid email address. Hari Om will capture the details & will share the Varshafal 2018 on registered email address.
Level 2: Answer skilled based questions
Method of selection of highest scorer: The top 10 Participants per day of Challenge period from each of the 18 circles who have used live astrology portal for maximum time (i.e. 180 Participants put together from all 18 circles on daily basis) as per the list available with the Organizer will become eligible for the Level2. Total 5400 Participants (i.e. 10 Participants X 18 circles X 30 days) will be communicated via SMS to answer 5 (five) skilled based questions within 7 days after completion of Challenge period over IVR toll free short code. Every correct answer will carry 10 points. Top 3 Participants per circle from the list of 300 Participants per circle who have scored highest points by correctly answering the skill based questions in shortest possible time will be selected as highest scorers. There will be total 54 highest scorers of the Challenge. The selected highest scorers will receive a mobile/phone call from Hari Om informing them of winning. In case of no response, they will be informed of the winning via SMS asking them to confirm within 2 hours. Failing this, the gratification would be offered to the next eligible highest scorers.
The top 3 scorers per circle will get a “Yantra with astrological significance”
Challenge Period And Telecom circles
The Challenge is open for a limited period from 6th Jan 2018 to 5th Feb 2018.
List of 18 circles:
J n K
Charges for calling shortcode 53300 - Rs 9/per min ]
The aforesaid charges paid by the Participants are towards the service and no additional charge is collected from the Participants for participating in the Challenge.
5. The gratifications offered in this Challenge are sponsored and distributed by Hari Om.
6. The highest scorers of the Challenge/Challenge results will be announced within 7 days of completion of Challenge duration. The highest scorers will be contacted/communicated through telephone/mobile call & SMS. Failure on the part of highest scorers to acknowledge the SMS/call as stated herein or to redeem the gratification at the time of delivery will entitle the Organizer to forfeit the gratification at its sole discretion or disqualify the highest scorer and replace him/her with another eligible Participant. The names of highest scorers will be announced as registered in the system of Idea. The list of the highest scorers will also be published on the Website.
7. Any gratification of value in excess of INR 10,000/- in a year will attract deduction of tax at source and all taxes on the gratification/s shall be paid by the highest scorer at the prevailing rate. All gratification will be given after deducting various taxes, license fees and charges as applicable. All incidental costs shall be exclusively borne by the highest scorers including but not limited to TDS, Gift tax (if any), road tax, Insurance as may be applicable and any other taxes levied by the Central, State or Municipal government.
8. The Organizers may use sub-contractors or third party vendors to execute certain tasks associated with this Challenge, without your consent.
9. The Organizers shall not be responsible for any delay on part of a third party including the courier agency in delivering the gratification.
10. DND Idea Active Subscribers will not be sent any engagement SMS as DND subscribers themselves have to discover about the Challenge. By entering the Challenge, You confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and You agree to receive promotional messages and alerts including without limitation any updates regarding the present Challenge.
11. By participating in the Challenge, Subscribers consent to the following information relating to them to be exchanged between Idea, Hari Om and their concerned vendors and/or published or otherwise communicated to in any media as Organizers may deem fit, for the purpose of announcement of highest scorers: name, mobile number, score and/or photograph. Organizer may, at their discretion, choose not to disclose the identity of the selected highest scorers to other Subscribers unless expressly mentioned herein. The Subscribers also consent to the information being shared by Idea/ Hari Om with its affiliates and service providers and to the information being processed and stored in the servers of Idea/Hari Om or their service providers within India only. However Organizers will take all efforts to maintain confidentiality of the Participants’ horoscope details, predictions and remedies/advice suggested.
12. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Website and all material or content related to the Challenge shall at all times be owned by the Organizers and/or their respective owners. All material and content on the Website is made available for your personal and non-commercial use only. Any other use of the material/ content available on the Website and/ or any information disseminated by SMS or any other means of communication is strictly prohibited.
13. The Yantra offered as gratification to the highest scorers is for the general well -being and is not customized for the highest scorers. Organizers shall be neither responsible nor guarantee the quality of the goods or services being offered as gratification nor it shall be liable for any defect or deficiency in goods or services offered as gratification under this Challenge. The Subscribers shall not have the right to claim any damages, loss or costs from the Organizers for delay in delivery of the gratification(s) on any grounds whatsoever. The pictures of gratification are only indicative and the actual gratification may vary from the depictions. The horoscope predictions or astrology advice will be derived basis the personal information/details furnished by the Participant. Any incorrect or wrong information may lead to different interpretation and advice. The horoscope predictions or astrology advice is based on the experience, prudence and learning of an astrologer. Another astrologer’s opinion may differ as per his interpretation. The Participants are expected to follow the prescribed method and procedure for implementing the remedy/advice. The advice /remedy should not be considered as a substitute for advice or treatment to be given by a doctor, lawyer, financial advisor etc.
14. The Organizers make no representation of having a business relationship or tie up with any such companies, individuals or any other organization whose products are offered as gratifications in the Challenge. All trade names shall continue to remain owned by their respective owners.
15. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by the Organizers including, but not limited to, meeting of the Subscriber's requirements or aspirations with respect to Challenge, timeliness, security, delivery, quality, merchantability or fitness of telecom/internet services, non-disruption or error free operation of telecom/ internet services , delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods/services/merchandise/benefits/ awards offered through the Challenge; and (b) No advice or information whether by representations, oral, written or pictorial derived from the Website or through the Challenge shall be construed to mean the giving of any warranty of any kind by the Organizers.
16. The gratification(s) shall be given subject to compliance by the highest scorer of all the applicable statutory legislations, processes and formalities and production of all relevant documents/papers as may be required by the Organizers before accepting the delivery of the gratification. Any failure on the part of the highest scorer to comply with directions issued by the Organizer for claiming gratification shall entitle the Organizers to forfeit the gratification(s) or roll the gratification over to the next highest scorer, at their sole discretion.
The documents required to be submitted by the highest scorer include the following:
Photocopy of PAN Card;
In case of highest scorer holding a pre-paid connection of Idea number and is entitled to a gratification the value of which exceeds [Rs. 10,000/-], an affidavit in the format provided by the Organizers declaring that the highest scorer/ is the rightful user of the Idea MSISDN and the same is registered with the operator in the name of the highest scorer;
In case of highest scorer holding a post-paid connection of Idea number and is entitled to a gratification the value of which exceeds [Rs. 10,000/-], a self-attested copy of the latest bill of telecom/mobile connection of Idea MSISDN
Letter of compliance with rules and regulations and declarations in the format as may be required by the Organizers or applicable laws.
17. The gratification(s) under this Challenge are neither assignable nor transferable under any circumstance, unless specifically provided hereunder. No other person or agent can claim the gratification on behalf of the highest scorer, unless otherwise expressly mentioned herein.
Apart from the entitlement to the above gratification(s), the highest scorer or his/her legal heirs/successors/representative will have no other rights or claims against the Organizers.
18. The Organizers at their sole discretion reserve the right to substitute gratification(s) of equal or greater value at any time. However under no circumstance shall the highest scorer of the Challenge be entitled to redeem any category of gratification for cash.
19. To claim gratification/s under the Challenge, the MSISDNs/Subscribers chosen as the highest scorers shall be required to be Active Subscribers of Idea at the time of announcement of Challenge results. The highest scorers shall not be entitled to the gratification in case he/ she fails to clear all outstanding dues payable to Idea.
20. Any Subscriber providing any incorrect information or concealing/withholding any information from the Organizers with an intent to participate and/or be chosen as the highest scorer of the Challenge will automatically be disqualified from participating in it and being chosen as the highest scorer. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of Idea number, domicile, payment of outstanding amount to Idea or any other information provided by the Subscriber, shall entitle the Organizers to disqualify him/her without any further intimation.
21. Apart from the entitlement to the above gratifications, the highest scorer or their legal heirs, successors and representative will have no other rights or claims against the Organizers.
22. You shall indemnify and keep indemnified the Organizers and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which the Organizers may incur, pay or become responsible/liable for as a result of your breach or alleged breach of the representations or obligations under the Terms and Conditions hereunder, your failure to comply with applicable law and any third party claim in respect of misuse of any information of a third party.
23. The Organizers and/or their respective affiliates, directors, officers, employees, agents shall not be held responsible and liable for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, that may be incurred or for any personal loss or injury that may be suffered (including loss of life), by a Participant and/or highest scorer and/or any third party, directly or indirectly, by reason of Challenge or the Challenge gratification(s).
24. The Organizers shall not be responsible for any claims arising out of any failure(s) which is beyond their reasonable control. Without limiting the generality of the foregoing, the Organizers shall not be responsible for any claims arising out of technical failures before, during or after the completion of the Challenge including but not limited to any technical failures in the mobile connectivity, delay in sending or receiving the SMS for participating in the Challenge, delay in time recorded or taken for answering a question during the tie-breaker process, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or the failure to provide the correct score updates or any failures arising out of technical snags or resultant inability of the listener for participation.
25. You hereby agree and undertake not to hold the Organizers and/or any of their group entities or affiliates, their respective officers, employees, agents responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either direct or indirect or remote that they may/might have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and /or on account of this Challenge.
26. The gratification shall be handed over by Hari Om on receipt of all the documents from the highest scorer required to process the distribution of the gratification.
27. This Challenge including the gratification thereof cannot be used in conjunction with any alternative offer or promotion of a similar nature.
28. This Challenge is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God or any circumstance beyond the reasonable control of the Organizers (“Force Majeure Event”). The Organizers shall not be liable for any delay or adverse effect caused to Challenge as a result of a Force Majeure Event. The Organizers shall intimate the suspension of the Challenge caused as a result of such Force Majeure Event to the Subscribers within reasonable time.
29. The Terms and Conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form.
30. This Challenge is subject to guidelines/ directions issued by the Department of Telecommunications (“DoT”), Telecom Regulatory Authority of India (“TRAI”) or any other statutory authority from time to time.
31. The decision of the Organizers in respect of all transactions under this Challenge including without limitation the selection of the highest scorers shall be final and binding.
32. Questions and their answers, designed/sourced by the Organizers, are as per its best knowledge and information available and have been collected and framed with reasonable prudence. In case there is any discrepancy or dispute regarding the questions or answers, neither the Organizers nor any third party involved shall have any liability towards any Subscriber.
33. The Organizers reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Challenge or any part thereof including the eligibility criteria, the Terms and Conditions and gratification at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the Subscribers. The latest revised version of the Terms and Conditions shall be effective and binding on the Subscriber from the time of its posting on the Website. You are therefore advised to check the Website regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended Terms and Conditions are not acceptable to You, You should discontinue participating in the Challenge.
34. The Organizers reserve the right, at any time, to unconditionally disqualify any Idea Subscriber who tampers with or who in any way abuses the process or Terms and Conditions of the Challenge, without giving any prior intimation to such Subscriber. Failure by the Organizers to enforce any of their rights at any stage does not constitute a waiver of those rights.
35. Any attempt by a Subscriber to deliberately undermine the legitimate operation of the Challenge is a violation of laws and should such an attempt be made, the Organizers reserve the right to seek damages from any such Subscriber to the fullest extent permitted by law.
36. The Challenge and these Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the courts in Mumbai, India.
37. The Subscribers may contact [+91-0120-6771000] regarding any queries/complaints pertaining to the Challenge between 10.00 AM to 6.00 PM, on all working days except public holidays. All disputes must be addressed by the Subscribers in writing to Idea.
38. The Organizers do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Subscribers.
39. The officers of the Organizers, including their directors, officers, partners, employees, consultants and agents are under no obligation to render any advice or service to any Subscriber in respect of the Challenge.
40. The provisions of this Challenge and any other promotional endeavor may not be used for any commercial purpose by any Subscriber.